Agreement Incident to Divorce (AID) is a legally binding contract between two people getting divorced from their marriage.

The document can contain much of the same information as decided in an open-court divorce agreement (such as child support, spousal support, division of property & debts), however this specific document is kept private. Your final divorce proceedings may incorporate and reference this legally binding document, however the contents will not become public record.

This document is typically draft by the two people getting divorced, with the assistance of a lawyer, and is consensually signed by both parties. After divorce, if either person fails to adhere to the AID contract, legal remedy can be sought. This differs from a mediation agreement, as there is no mediator facilitating dialog between the two parties and a mediated agreement cannot be revised once signed and cannot be revoked.

The Texas Family Code (the Code) requires for an order to be enforceable, agreements incident to divorce must be: (1) in writing, and (2) signed by both parties voluntarily, without coercion or duress. The Agreement Incident to Divorce (AID) cannot be unconscionable or illegal. The court will review the document to verify it is just before incorporating it into a final divorce decision; if the document does not satisfy the court, the judge may ask for revisions.

Privacy and Control

Agreement Incident to Divorce (AID) is a smart choice for a couple who wants to maintain privacy or wants more control over the divorce outcome, such as high net value couples. It can also possibly reduce court time. This may be a good option if you are on good terms with your spouse and want to specify generous child support amounts and frequencies, or support for children beyond 18 years of age. You can even incorporate aspects like your child’s future college tuition or first car purchase.